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Home My WebLink About08-0439GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 VS. ZELDA M. BARNES Mortgagor and Real Owner 54 East Louther Street Carlisle, PA 17013 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term (?* No. (? _ H3q Ccvi tTero t Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL. PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-850-4622 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionAgoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 59915FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE, 500 Enterprise Road, Horsham, PA 19044-0696. 2. The names and addresses of the Defendant is ZELDA M. BARNES, 54 East Louther Street, Carlisle, PA 17013, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On June 25, 2003 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to PEOPLE'S CHOICE HOME LOAN, INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1823, Page 4624. The mortgage has been assigned to: THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE by assignment of Mortgage May 24, 2003 as Book 708, Page 2325. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for August 01, 2007 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ....................................................................................$62,729.63 Interest from 07/01/2007 through 01/31/2008 at 7.9900% .......................$2,951.95 Per Diem interest rate at $13.73 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$3,136.48 Late Charges from 08/01/2007 to 01/31/2008 ............................................. $143.34 Monthly late charge amount at $23.89 Costs of suit and Title Search ......................................................................$900.00 Uncollected Late Charges ............................................................................$697.76 Property Inspections .....................................................................................$186.75 $70,745.91 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $70,745.91, together with interest at the rate of $13.73, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By: I GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION Michael T. McKeever, Esquire, hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the Verification could not be obtained within the time allowed for the filing of the pleading that he is authorized to make this verification pursuant to Pa.R.C.P 1024(c) and that the statements made in the foregoing pleading in the Civil Action in Mortgage Foreclosure are based upon the information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is the undersigned's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: Vf Mt 1A Michael T. McKeever, Esquire PA I.D. #56129 #7436211700 - ZELDA M. BARNES Ey,Fi6it A SHERIFF'S DEPARTMENT CUMBERLAND COUNTY SHERIFF SERVICE INSTRUCTIONS PLAINTIFF/S/ COURT NUMBER THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR Tfl.IPhA0Pr.AN rHAAF RANK N A AC TRI ICTFF DEFENDANT/S/ TYPE OF WRIT OR COMPLAINT ZELDA M. BARNES MORTGAGE FORECLOSURE SERVE NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE ZELDA M. BARNES ADDRESS (Street or Road, Apartment No., City, Boro, Twp., State and ZIP Code) 54 East Louther Street, Carlisle, PA 17013 AT SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: SIGNATURE OF ATTORNEY Joseph-A Gof beck ,fir. ADDRESS OF ATTORNEY GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 Telephone Number 215-627-1322 DATE Laura Bryans, Manager January 14, 2008 215-825-6315 EXHIBIT "A" LEGAL DESCRIPTION ALL that certain tract or parcel of land together with the buildings and improvements thereon erected situate in the First 'h'ard of the Borough of Carlisle, County of Cumberland and Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit: ON the North by Bast Louther Street; ON the East by James Dysert; ON the South by Mulberry Avenue; and ON property of the Estate of George W. Rinesmith, deceased, thirty (30) feet, more or less, on said East Louthe extending in depth two hundred forty (240) feet, more the avenue aforesaid; and HAVING thereon erected on the Louther Street end a dwelling house; and on the Mulberry Avenue end a brick a part of a stable or garage consisting of construction. PARCEL IDENTIFICATION NUMBER 02-21-0320-063. property of the Nest by containing r Street and or less, to two-story log dwelling, now cement block BEING the same premises which William H. Deitch and Helen Deitch, his wife, by Deed dated November 16, 1963 and recorded November 22. 1963 in Cumberland County in Deed Book Volume A-21 at Page 1067, granted and conveyed unto William H. Deitch and Helen Deitch, his wife, and Zelda Mae Barnes, their daughter, as joint tenants with right of survivorship. William H. Deitch having died having died on August 20, 1992, in the mortgagor herein, Zelda Mae on April 5, 1970 and Helen Deitch full title and interest has vested Barnes. ( iy t:}'iti to be tecorded County PA Recorder of Deeds gK 1823PG4640 Ey, hibit B Homecomings Financial, LLC 3451 Hammond Avenue Waterloo I IA 50702 Date: 11/05/07 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving Your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at I- 800-342-2397 (Persons with impaired hearing can call (717) 780-18691, This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM, EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER S NAME(S): ZELDA M BARNES ADDRESS: 54 EAST LOUTHER STREET CARLISLE PA 17013 LOAN ACCOUNT NUMBER: 7436211700 ORIGINAL LENDER: CURRENT LENDER/SERVICER: Homecomings Financial, LLC HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE ACT ), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to- face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED HOW TO CURE YOUR MORTGAGE DEFAULT EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telpphone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner s Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner s Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT The MORTGAGE debt held by the above lender is on your property located at 54 EAST LOUTHER STREET CARLISLE PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 08/01/07 through 11/01/07. See attached Exhibit for payment breakdown. Monthly Payments $ 1911.88 Late Charges $ 769.43 NSF $ 0.00 Inspections $ 175.50 Other (Default Expenses and Fees) $ 0.00 Optional Insurance $ 0.00 Suspense $ 0.15 TOTAL AMOUNT PAST DUE: $ 2856.66 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2856.66, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier s check or certified check made payable and sent to: Homecomings Financial, LLC ATTN: Payment Processing 3451 Hammond Avenue Waterloo , IA 50702 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) Not Applicable IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney s fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney s fees actually incurred by the lender even if they exceed $50.00. Any attorney s fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS Period, you will not be required to pay attorney s fees. OTHER LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF S SALE If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale You may do so by paving the total amount then past due plus any late or other charges then due reasonable attorney s fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other reouirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF S SALE DATE It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Homecomings Financial, LLC Address: 3451 Hammond Avenue Waterloo I IA 50702 Phone Number: 800-799-9250 Fax Number: 319-236-7437 Contact Person: Collection Department EFFECT OF SHERIFF S SALE You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTAGE You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney s fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 800-799-9250 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5039 EXHIBIT 08/01/07 through 11/01/07 Mo. Pmt. Amt. $ 477.97 O p oho D .f1?{ co C:A li .JJ 0 GOLDBECK McCAFFERTY & McKEEVER Professional Corporation By: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center ATTORNEY FOR PLAINTIFF 701 Market Street Philadelphia, PA 19106-1532 215-823-6303 THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 08-439 VS. ZELDA M. BARNES Mortgagor(s) and Record Owner(s) 54 East Louther Street Carlisle, PA 17013 TO THE PROTHONOTARY: Kindly substitute the attached Verification to Plaintiff's Complaint filed on January 18, 2008 in the above captioned matter. GOLDBECK McCAFFERTY & McKEEVER BY-LB Michael T. a c Bever Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER Professional Corporation By: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 VS. ZELDA M. BARNES Mortgagor(s) and Record Owner(s) 54 East Louther Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 08-439 I certify that a true and correct copy of Plaintiffs Praecipe to Substitute Verification to Plaintiffs Complaint was served on Defendant(s) via first class mail on February 1, 2008 as follows: ZELDA M. BARNES 54 East Louther Street Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER l/ im A Od Michael T. McKeever Attorney for Plaintiff VERIFICATION Jeffrey Stephan mited Signing Officer as the representative of the Plaintiff corporation I, within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 1 -1 ?-Qt? GNfAC RESCAP, LLC Jeffrey Stephan Limited Signing Officer 7436211700 ZELDA M. BARNES co -TI n? rr- C-il W SHERIFF'S RETURN - REGULAR CASE NO: 2008-00439 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK TRUST CO THE VS BARNES ZELDA M MARK CONKLIN , Sheriff or Deputy heriff of Cumberland County,Pennsylvania, who being duly swo n according to law, says, the within COMPLAINT - MORT FORE was ser ed upon BARNES ZELDA M the DEFENDANT , at 0940:00 HOURS, on the 23rd day of January , 2008 at 54 EAST LOUTHER STREET CARLISLE, PA 17013 by handin to ZELDA BARNES a true and attested copy of COMPLAINT MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 18.00 4.80 Affidavit . 00 Surcharge 10.00 R. Thomas Kline 00 32 .80 01/24/2008 GOLDBECK MCCAFFERT MCKEEVER Sworn and Subscibed to By: Z--557 before me this day of A.D. Deputy 5heriff In the Court of Common Pleas of Cumberland County TTTT T L?l-4n yr rqr w Y UKK 1 RUST COMPANY, N.A.; AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff vs. ZELDA M. BARNES (Mortgagor(s) and Record Owner(s)) 54 East Louther Street Carlisle, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT No. 08-439 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against ZELDA M. BARNES by default for want of an Answer. Assess damages as follows: Debt $71,126.78 Interest from 02/27/2008 to Date of Sale Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Michael T. McKeever r Attorney for Plaintiff I.D. #56129 AND NOW BANK OF NEW YORK TR T COMPANY, N.A., AS SU?SSOR TO JPMORGAN Judgment entered in fvor CHASE1BANK, N.A a AS of THE TRUSTEE and against ZELDA M. BARNES by default for want of an Answer and damages assessed in the sum of $71,126.78 as per the above certification. Prothon ary Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff vs. ZELDA M. BARNES (Mortgagors and Record Owner(s)) 54 East Louther Street Carlisle, PA 17013 Defendant(s) No. 08-439 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captionegrothonot h r4aagainst You. ong By: Deputy If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 599I5FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: February 13, 2008 TO: ZELDA M. BARNES 54 East Louther Street Carlisle, PA 17013 THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 vs. ZELDA M. BARNES (Mortgagor(s) and Record Owner(s)) 54 East Louther Street Carlisle, PA 17013 TO: ZELDA M. BARNES 54 East Louther Street Carlisle, PA 17013 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 08-439 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 Joseph A. Goldbeck. A GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, ZELDA M. BARNES, is about unknown years of age, that Defendant's last known residence is 54 East Louther Street, Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: O? I?IL 11_.?,J U D \?? \ ? Ml SZY ,IIIJ l GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 vs. ZELDA M. BARNES (Mortgagor(s) and Record owner(s)) 54 East Louther Street Carlisle, PA 17013 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 08-439 ORDER FOR JUDGMENT Please enter Judgment in favor of THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE, and against ZELDA M. BARNES for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $71,126.78. UNRil \. ?C u Michael T. McKeever k)ja Attorney for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 and that the name(s) and last known address(es) of the Defendant(s) is/are ZELDA M. BARNES, 54 East Louther Street Carlisle, PA 17013; I -V - U? T(A IM CK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $62,729.63 Interest from 07/01/2007 through $3,308.93 02/26/2008 Reasonable Attorney's Fee $3,136.48 Late Charges $167.23 Costs of Suit and Title Search $900.00 Escrow Payments Due 0 X $0.00 $0.00 Uncollected Lage Charges $697.76 Property Inspections $186.75 $71,126.78 KEE??I GOLDBECK McCAFFERTY & Mc BY: Michael T. McKeever Attorney for Plaintiff AND NOW, this a84l"day of? 2008 damages are assessed as above. Pro Prot -Ad 1- 61 1 R G"! DD c 4l --G WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-439 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK TRUST COMPANY, N.A., as Successor to JPMORGAN CHASE BANK, N.A., as Trustee, Plaintiff (s) From ZELDA M. BARNES (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $71,126.78 L.L.$ 0.50 Interest from 2/27/08 to Date of Sale at 7.9900% Atty's Comm % Due Prothy $2.00 Atty Paid $151.80 Other Costs Plaintiff Paid Date: 2/28/08 Pro onota (Seal) By: REQUESTING PARTY: Deputy Name MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff VS. ZELDA M. BARNES Mortgagor(s) and Record Owner(s) 54 East Louther Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-439 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 02/27/2008 to Date of Sale at 7.9900% (Costs to be added) $71,126.78 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff Q IT a z 50 ? F M Q ? U 00 z? O O U w x F 4 QQ QQ zz U ? U W Q cn OOF" W? z° h w? O° W ? U W U x? H 0 r. F ° U ° Y ? W y CQ?-?Q H o w bA o U a ? tx"7 C\j r-F LU Uj L'J cv ? i-- /? ca Y 1 v V -f- ? 0010 o00 ?b?aM y Q N ' w 1"1 Xi ccS N U ? „ °o a .a o b? 0 0 C? i.? ° U U Ql s v9. M ? ALL that certain tract or parcel of land together with the buildings and improvements thereon erected situate in the First Ward of the Borough of Carlisle, County of Cumberland and Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit: ON the North by East Louther Street; ON the East by property of James Dysert; ON the South by Mulberry Avenue; and ON the West by property of the Estate of George W. Rinesmith, deceased, containing thirty (30) feet, more or less, on said East Louther Street and extending in depth, two hundred forty (240) feet, more or less, to the avenue aforesaid, and HAVING thereon erected on the Louther Street end a two-story log dwelling house; and on the Mulberry Avenue end a brick dwelling, now a part of a stable or garage consisting of cement block construction. EXCEPTING AND RESERVING THEREFROM: ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNING at a point at the northern edge of the 20 foot right of way of Mulberry Alley said point being 180.85 feet east of the eastern curb of Alexander Alley; thence along other lands of Grantee north 6 degrees 12 minutes east, 95.0 feet to a railroad spike; thence along lands now or formerly of James Dysert south 6 degrees 12 minutes west 95.0 feet to a railroad spike; thence along the northern right of way of the aforesaid Mulberry Alley north 34 degrees 11 minutes west, 29.55 feet, to a point, the Place of BEGINNING. TOGETHER with a temporary easement for across to the rear of the block building now existing on the tract to be conveyed herein for purposes of demolition of said structure. RESERVING in the Grantors, their heirs and assigns, a right of entry across the land conveyed herein for ingress, egress, and regress to the rear of tract C of the aforesaid plan. TAX PARCEL #: 02-21-0320-063 PROPERTY ADDRESS: 54 East Louther Street, Carlisle, PA 17013 N, GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQ. ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff vs. ZELDA M. BARNES (Mortgagor and Record Owner) 54 East Louther Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 08-439 PRAECIPE TO SUBSTITUTE LEGAL DESCRIPTION Kindly substitute the attached legal description in place of the legal description attached to Plaintiff s complaint. Respectfully submitted, GOLDBECK, McCAFFERTY & McKEEVER By: ??`I? MC?? Michael T. McKeever, Esquire Attorney for Plaintiff "' GOLDBECK, McCAFFERTY & McKEEVER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Mellon Independence Center SUITE 5000 701 Market Street PHILADELPHIA, PA 19106-1532 (215) 627-1322 FAX (215) 627-7734 February 27, 2008 Prothonotary of Cumberland County Carlisle, PA 17013 RE: PRAECIPE TO SUBSTITUTE LEGAL DESCRIPTION Dear Sir or Madam: Kindly file of record the enclosed Praecipe to Substitute Legal Description. We do not need a time-stamped copy for our file. Thank you for your attention in this matter. Very truly yours, /s/ - 0 JAG/ Jose . Goldbeck, Jr. ALL that certain tract or parcel of land together with the buildings and improvements thereon erected situate in the First Ward of the Borough of Carlisle, County of Cumberland and Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit: ON the North by East Louther Street; ON the East by property of James Dysert; ON the South by Mulberry Avenue; and ON the West by property of the Estate of George W. Rinesmith, deceased, containing thirty (30) feet, more or less, on said East Louther Street and extending in depth, two hundred forty (240) feet, more or less, to the avenue aforesaid, and HAVING thereon erected on the Louther Street end a two-story log dwelling house; and on the Mulberry Avenue end a brick dwelling, now a part of a stable or garage consisting of cement block construction. EXCEPTING AND RESERVING THEREFROM: ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNING at a point at the northern edge of the 20 foot right of way of Mulberry Alley said point being 180.85 feet east of the eastern curb of Alexander Alley; thence along other lands of Grantee north 6 degrees 12 minutes east, 95.0 feet to a railroad spike; thence along lands now or formerly of James Dysert south 6 degrees 12 minutes west 95.0 feet to a railroad spike; thence along the northern right of way of the aforesaid Mulberry Alley north 34 degrees 11 minutes west, 29.55 feet, to a point, the Place of BEGINNING. TOGETHER with a temporary easement for across to the rear of the block building now existing on the tract to be conveyed herein for purposes of demolition of said structure. RESERVING in the Grantors, their heirs and assigns, a right of entry across the land conveyed herein for ingress, egress, and regress to the rear of tract C of the aforesaid plan. TAX PARCEL #: 02-21-0320-063 PROPERTY ADDRESS: 54 East Louther Street, Carlisle, PA 17013 n t?" C:S7 C) -n t f-?4 Goldbeck McCafferty & McKeever BY. Michael T. McKeever- Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff t HE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff vs. ZELDA M. BARNES (Mortgagor(s) and Record Owner(s)) 54 East Louther Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 08-439 AFFIDAVIT PURSUANT TO RULE 3129 THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 54 East Louther Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): ZELDA M. BARNES 54 East Louther Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: ZELDA M. BARNES 54 East Louther Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 54 East Louther Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: February 26, 2008 i t 'fl . Q UI GOLDB CK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff r ? co Q1 JiJ 1 08-439 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff vs. ZELDA M. BARNES Mortgagor(s) and Record Owner(s) 54 East Louther Street Carlisle, PA 17013 Defendant(s,' Term No. 08-439 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BARNES, ZELDA M. ZELDA M. BARNES 54 East Louther Street Carlisle, PA 17013 Your house at 54 East Louther Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, June 11, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $71,126.78 obtained by THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 08-439 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1 • If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 r r 08-439 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-850-4622 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionggoldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 59915FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. C7 c? c`? rv - - t-a ca - Fri C.n 53 ALL that certain tract or parcel of land together with the buildings and improvements thereon erected situate in the First Ward of the Borough of Carlisle, County of Cumberland and Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit: ON the North by East Louther Street; ON the East by property of James Dysert; ON the South by Mulberry Avenue; and ON the West by property of the Estate of George W. Rinesmith, deceased, containing thirty (30) feet, more or less, on said East Louther Street and extending in depth, two hundred forty (240) feet, more or less, to the avenue aforesaid, and HAVING thereon erected on the Louther Street end a two-story log dwelling house; and on the Mulberry Avenue end a brick dwelling, now a part of a stable or garage consisting of cement block construction. EXCEPTING AND RESERVING THEREFROM: ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNING at a point at the northern edge of the 20 foot right of way of Mulberry Alley said point being 180.85 feet east of the eastern curb of Alexander Alley; thence along other lands of Grantee north 6 degrees 12 minutes east, 95.0 feet to a railroad spike; thence along lands now or formerly of James Dysert south 6 degrees 12 minutes west 95.0 feet to a railroad spike; thence along the northern right of way of the aforesaid Mulberry Alley north 34 degrees 11 minutes west, 29.55 feet, to a point, the Place of BEGINNING. TOGETHER with a temporary easement for across to the rear of the block building now existing on the tract to be conveyed herein for purposes of demolition of said structure. RESERVING in the Grantors, their heirs and assigns, a right of entry across the land conveyed herein for ingress, egress, and regress to the rear of tract c of the aforesaid plan. TAX PARCEL #: 02-21-0320-063 PROPERTY ADDRESS: 54 East Louther Street, Carlisle, PA 17013 The Bank of New York Trust Company VS Zelda M. Barnes In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-439 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Michael McKeever. Sheriffs Costs: Docketing Poundage Advertising Levy Mileage Posting Handbills Law Library Prothonotary Share of Bills Surcharge So Answers: R. Thomas Kline, Sheriff BY 1AjL1*Lk Real Estate rgeant 30.00 1,254.59 15.00 15.00 10.00 15.00 .50 2.00 14.73 20.00 $1,376.82 ? [, /"/D 2 (?' 01. tto C° . J cy3ay j /ooy.3 a? Goldbeck McCafferty & McKeever BY: Michael T. McKeever- Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff VS. ZELDA M. BARNES (Mortgagor(s) and Record Owner(s)) 54 East Louther Street Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 08-439 THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 54 East Louther Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): ZELDA M. BARNES 54 East Louther Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: ZELDA M. BARNES 54 East Louther Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 54 East Louther Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: Februa4126, 2008 GOLDB CK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff 08-439 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff VS. ZELDA M. BARNES Mortgagor(s) and Record Owner(s) 54 East Louther Street Carlisle, PA 17013 Defendant(s Term No. 08-439 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BARNES, ZELDA M. ZELDA M. BARNES 54 East Louther Street Carlisle, PA 17013 Your house at 54 East Louther Street, Carlisle, PA 17013 is scheduled to be sold at Sheriff s Sale on Wednesday, June 11, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $71,126.78 obtained by THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE I- 08-439 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN ]IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 . 08-439 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-850-4622 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a,goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 59915FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL that certain tract or parcel of land together with the buildings and improvements thereon erected situate in the First Ward of the Borough of Carlisle, County of Cumberland and Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit: ON the North by East Louther Street; ON the East by property of James Dysert; ON the South by Mulberry Avenue; and ON the West by property of the Estate of George W. Rinesmith, deceased, containing thirty (30) feet, more or less, on said East Louther Street and extending in depth, two hundred forty (240) feet, more or less, to the avenue aforesaid, and HAVING thereon erected on the Louther Street end a two-story log dwelling house; and on the Mulberry Avenue end a brick dwelling, now a part of a stable or garage consisting of cement block construction. EXCEPTING AND RESERVING THEREFROM: ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNING at a point at the northern edge of the 20 foot right of way of Mulberry Alley said point being 180.85 feet east of the eastern curb of Alexander Alley; thence along other lands of Grantee north 6 degrees 12 minutes east, 95.0 feet to a railroad spike; thence along lands now or formerly of James Dysert south 6 degrees 12 minutes west 95.0 feet to a railroad spike; thence along the northern right of way of the aforesaid Mulberry Alley north 34 degrees 11 minutes west, 29.55 feet, to a point, the Place of BEGINNING. TOGETHER with a temporary easement for across to the rear of the block building now existing on the tract to be conveyed herein for purposes of demolition of said structure. RESERVING in the Grantors, their heirs and assigns, a right of entry across the land conveyed herein for ingress, egress, and regress to the rear of tract C of the aforesaid plan. TAX PARCEL #: 02-21-0320-063 PROPERTY ADDRESS: 54 East Louther Street, Carlisle, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-439 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK TRUST COMPANY, N.A., as Successor to JPMORGAN CHASE BANK, N.A., as Trustee, Plaintiff (s) From ZELDA M. BARNES (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $71,126.78 Interest from 2/27/08 to Date of Sale at 7.9900% L.L.$ 0.50 Atty's Comm % Atty Paid $151.80 Plaintiff Paid Date: 2/28/08 (Seal) REQUESTING PARTY: Name MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 56129 Due Prothy $2.00 Other Costs Pr thonota By: Deputy C""`1 cin Real Estate Sale # 79 On March 13, 2008 the Sheriff levied upon the defendant's interest in the real property situated in the Borough of CA R Li s LE , Cumberland County, PA Known and numbered as 54 East Louther Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference t: incorporated herein. Date: March 13, 2008 By: JCS- Real Estat Sergeant 9 fi .8 V 9- 8aW 8001 bd '.ll?rt?0 kK ; V 33183H5 3N! 11:0 K'I ;-i,) GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6321 Attorney for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff vs. ZELDA M. BARNES 54 East Louther Street Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 08-439 PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Settled, Discontinued and Ended upon payment of your costs only. MICHA L T. MCKEEVER, ESQUIRE tv 'tam rr r r 3-5 GOLDBECK WCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6312 Attornev for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 VS. ZELDA M. BARNES 54 East Louther Street Carlisle, PA 17013 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 08-439 Defendant PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly Satisfy the Judgment in the above captioned matter upon payment of your costs only. MICHA LT. McKEEVER, ESQUIRE N 'k p 'tJL7' t-: c